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Text of Legal Framework Order - 2002
The Chief Executive issued Legal Framework Order 2002 amending constitutional provisions for smooth and orderly transition. The following Order made by the Chief Executive is hereby published for general information. Whereas general elections to the National Assembly and the Provincial Assemblies are scheduled to be held on October 10, 2002, and to the Senate on November 12, 2002; And whereas it is necessary to provide for a smooth and orderly transition; Now, therefore, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, read with the Provisional Constitution Order No. 1 of 1999, and in pursuance of the powers vested in him by and under the judgement of the Supreme Court of Pakistan, dated the 12th May, 2000, and in exercise of all the powers enabling him in that behalf; to revive the Constitution with the amendments made herein, the Chief Executive of the Islamic Republic of Pakistan is pleased to make the following Order:- 1. Short Title and Commencement:- (1) This Order may be called the Legal Framework Order, 2002. (2) It shall come into force at once. 2. First Meetings of National Assembly, Senate and Provincial Assemblies:- (1) The first meeting of the National Assembly shall be held on a day to be specified by the President for the election of the Speaker and Deputy Speaker, the members of the Senate from the Federal Capital, and for the transaction of such other business as the President may specify. (2) The National Assembly shall meet on a day to be specified by the President to ascertain which one of the members of the Assembly commands the confidence of the majority of the members for the purposes of clause (2A) of Article 91 of the Constitution and the President shall invite such member to be the Prime Minister. (3) The first meeting of a Provincial Assembly shall be held on a day to be specified by the President for the election of the Speaker and Deputy Speaker, the members of the Senate and for the transaction of such other business as the President specify. (4) Every Provincial Assembly shall meet on a day to be specified by the President to ascertain which one of the members of the Assembly commands the confidence of the majority of the members for the purposes of clause (2A) of Article 130 of the Constitution and the Governor shall invite such member to be the Chief Minister. (5) The first meeting of the Senate shall be held on a day to be specified by the President for the election of the Chairman and Deputy Chairman and for the transaction of such other business as the President may specify.
3. Amendment of the Constitution and Removal of Difficulties:- (1) The Constitution of the Islamic Republic of Pakistan, 1973, referred to in this Order as the Constitution, is hereby amended to the extent and in the manner specified in column (3) of the Schedule. (2) If there is any necessity for any further amendment of the Constitution or any difficulty arises in giving effect to any of the provisions of this Order, the Chief Executive may make such provisions and pass or promulgate such orders for amending the Constitution or for removing any difficulty as he may deem fit. (3) The validity of any provision made, or orders passed, under clauses (1) and (2) shall not be called in question in any court on any ground whatsoever. 4. Revival of Constitution of 1973. The provisions of the Constitution, as amended by this Order and by such other Orders as may be promulgated hereinafter, shall stand revived on such day as the Chief Executive may, by notification in the official Gazette, appoint; and different days may be so appointed in respect of different provisions. 5. Order to Override Other Laws. The provisions of this Order shall have effect notwithstanding anything contained in the Constitution or any other Order or law for the time being in force.
THE SCHEDULE (See Article 3) Serial Article/ Amendments made No. Chapter (1) (2) (3) 1. 17 (1) In clause (2):- (a) after the words ‘integrity of Pakistan,’ occurring twice, the words ‘or public order’ shall be inserted; and (b) for the full stop at the end a colon shall be substituted and there after the following proviso shall be added, namely: ‘Provided that no political party shall promote sectarian, ethnic, regional hatred or animosity, or be titled or constituted as a militant group or section.’ and (2) after clause (3), the following new clause shall be added, namely: (4) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders. 2. 41. For clause (7) the following shall be substituted, namely:- (7) The Chief Executive of the Islamic Republic of Pakistan:- (a) shall relinquish the office of Chief Executive on such day as he may determine in accordance with the judgement of the Supreme Court of Pakistan of the 12th May, 2000; and (b) having received the democratic mandate to serve the nation as President of Pakistan for a period of five years shall, on relinquishing the office of the Chief Executive, notwithstanding anything contained in this Article or Article 43 or any other provision of the Constitution or any other law for the time being in force, assume the office of President of Pakistan forthwith and shall hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly. 3. 51. (1) For clause (1) the following shall be substituted, namely:- (1) There shall be three hundred and forty-two seats of the members in the National Assembly, including seats reserved for women and non-Muslims. (1A) The seats in the National Assembly referred to in clause (1), except as provided in clause (2A), are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under-
(2) in clause (2), in paragraph (b), for the word “twenty-one” the word “eighteen” shall be substituted; (3) for clause (2A) the following clause shall be substituted. namely:- (2A) In addition to the number of seats referred to in clause (1A), there shall be, in the National Assembly, ten seats reserved for non-Muslims. (4) for clause (4) the following shall be substituted, namely:- (4) For the purpose of election to the National Assembly, (a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote in accordance with law: (b) each Province shall be a single constituency for all (c) the constituency for all seats reserved for non-Muslims shall be the whole country; (d) members to the seats reserved for women which are allocated to a Province under clause (1A) shall be elected in accordance with law through proportional representation system of political parties’ lists of candidates on the basis of total number of general seats secured by each political party from the Province concerned in the National Assembly;
(e) members to the seats
reserved for non-Muslims shall be elected in accordance with law through
proportional representation system of political parties lists of candidates on
the basis of total number of general seats won by each political party in the
National Assembly; 4. 58. In clause (2), after paragraph (a), the following new paragraph shall be added, namely:- (b) a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. 4. 59. (1) For clause (1) the following shall be substituted, namely:- (a) fourteen shall be elected by the members of each Provincial Assembly; (c) eight shall be elected by direct and free vote from the Federally Administered Tribal Areas, in such manner as the President may, by Order, prescribe; (d) two on general seats, and one woman and one technocrat including aalim shall be elected from the Federal Capital in such manner as the President may, by Order, prescribe; (e) four women shall be elected by the members of each Provincial Assembly; (f) four technocrats including ulema shall be elected by the members of each Provincial Assembly."; and (2) In clause(3), (a) for paragraph (c) the following shall be substituted, namely:- of the members referred to in paragraph (c) of the aforesaid clause,- (i) one elected on general seat shall retire after the expiration of the first three years and the other one shall retire after the expiration of the next three years, and (ii) one elected on the seat reserved for technocrat shall retire after first three years and the one elected on the seat reserved for woman shall retire after the expiration of the next three years; and (b) for paragraph (d) the following shall be substituted, namely:- of the members referred to in paragraph (d) of the aforesaid clause, two shall retire after the expiration of the three years and two shall retire after the expiration of the next three years; and (c) of the members referred to in paragraph (e) of the aforesaid clause, two shall retire after the expiration of the first three years and two shall retire after the expiration of the next three years. 6. 62. For clause (b) the following shall be substituted, namely:- (b) he is, in the case of the National Assembly, not less than twenty -five years of age and is enrolled as a voter in any electoral roll in (i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims; and (ii) any area in a Province from which he seeks membership for election to a seat reserved for women. 7. 63. (1) In clause (1):- (a) for paragraphs (h), (i) and (j) the following shall be substituted, namely:- (h) he has been convicted by a court of competent jurisdiction on a charge of corrupt practice, moral turpitude or misuse of power or authority under any law for the time being in force; or (i) he has been dismissed from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or (j) he has been removed or compulsorily retired from the service of Pakistan or service of a corporation or office set up or controlled by the Federal Government, Provincial Government or a Local Government on the grounds of misconduct or moral turpitude; or; and (b) for paragraph (p) the following shall be substituted, namely:- (p) he has been convicted and sentenced to imprisonment for having absconded by a competent court under any law for the time being in force; or (q) he has obtained a loan for a an amount of two million rupees or more, from any bank, financial institution, cooperative society or cooperative body in his own name or in the name of his spouse or any of his dependents, which remains unpaid for more than one year from the due date, or has got such loan written off; or (r) he or his spouse or any of his dependents has defaulted in payment of government dues and utility expenses, including telephone, electricity, gas and water charges in excess of ten thousand rupees, for over six months, at the time of filing his nomination papers; (2) for clause (2) the following shall be substituted, namely:- (2) If any question arises whether a member of Majlis-e-Shoora (Parliament) has become disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within thirty days from raising of such question refer the question to the Chief Election Commissioner; and (3) after clause (2), substituted as aforesaid, the following new clause shall be added, namely:- (3) Where a question is referred to the Chief Election Commissioner under clause (2), he shall lay such question before the Election Commission, which shall give its decision thereon not later than three months from its receipt by he Chief Election Commissioner. 8. 63A. For Article 63A the following shall be substituted, namely:- 63A. Disqualification on grounds of defection, etc. (1) If a member of a Parliamentary Party composed of a single political party in a House; (a) resigns from membership of his political party or joins another Parliamentary Party; or (b) votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs, in relations to; (i) election of the Prime Minister or the Chief Minister; or (ii) a vote of confidence or a vote of no-confidence; or (iii) a Money Bill; he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party, and the Head of the Parliamentary Party may forward a copy of the declaration to the Presiding Officer, and shall similarly forward a copy thereof to the member concerned: Provided that before making the declaration, the Head of the Parliamentary Party shall provide such member with an opportunity to show cause as to why such declaration may not be made against him. (2) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing. (3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within two days refer the declaration to the Chief Election Commissioner who shall lay the declaration before the Election Commission for its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the Chief Election Commissioner. (4) Where the Election Commission confirms the declaration, the member referred to in clause (1) shall cease to be a member of the House and his seat shall become vacant. (5) Any party aggrieved by the decision of the Election Commission may within thirty days, prefer an appeal to the Supreme Court which shall decide the matter within three months from the date of the filing of the appeal. (6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House. (7) For the purpose of this Article. (a) ‘House’ means the National Assembly or the Senate in relation to the Federation and a Provincial Assembly in relation to the Province, as the case may be. (b) ‘Presiding Officer’ means the Speaker of the National Assembly, the Chairman of the Senate or the Speaker of the Provincial Assembly, as the case may be. 9. 70.
(1)
In clause (2) for
the words "considered in a joint (2) for clause (3) the following shall be substituted, namely:- (3) Where a Bill is referred to the Mediation Committee under clause (2), the Mediation Committee shall, within ninety days, formulate an agreed Bill which is likely to be passed by both Houses of the Majlis-e-Shoora (Parliament) and place the agreed Bill separately before each House and if both the Houses pass the Bill, it shall be presented to the President for assent. 10. Part III. After Article 70, amended as aforesaid the following Chapter 2. new Article Chapter 2 shall be added namely: 71. Mediation Committee. (1) Both Houses of Majlis-e-Shoora (Parliament) shall, within fifteen days from the date of referral of the Bill by the House in which it was originated for consideration and resolution by the Mediation Committee under clause (2) of Article 70 nominate eight members each as members of a Mediation Committee. (2) The House in which the Bill was originated shall nominate a member of the Mediation Committee as Chairman of the Committee and the other House shall nominate a member as the Vice-Chairman thereof. (3) All decisions of the Mediation Committee shall be made by a majority of the total number of members of each House in the Committee. (4) The President may, in consultation with the Speaker of the National Assembly and Chairman of the Senate, make rules for conduct of business of the Mediation Committee. 11. 73. For clause (1) the following shall be substituted, namely:- (1) Notwithstanding anything contained in Article 70, a Money Bill shall originate in the National Assembly. Provided that simultaneously when a Money Bill, including the Finance Bill containing the Annual Budget Statement, is presented in the National Assembly, a copy thereof shall be transmitted to the Senate, which may, within seven days, make recommendations thereon to the National Assembly. (1A) The National Assembly shall, consider the recommendations of the Senate and after the Bill has been passed by the Assembly with or without incorporating the recommendations of the Senate, it shall be presented to the President for assent. 12. 75. In clause (2) (a) the words ‘in joint sitting’ shall be omitted; and (b) for the words and comma ‘by the votes of the majority of the members of the both Houses present and voting,’ the words, figure and comma ‘in accordance with Article 70,’ shall be substituted. 13. 101 In clause (1), for the words on the advice of the words ‘after consultation with’ shall be substituted. 14. 106. (1) For clause (1) the following shall be substituted:- (1) Each Provincial Assembly shall consist of general seats and seats reserved for women and non-Muslims as specified herein below.
(2) in clause (2), in paragraph (b), for the word ‘twenty-one’ the word ‘eighteen’ shall be substituted; (3) for clause (3) the following shall be substituted, namely:- (3) For the purpose of election to a Provincial Assembly. (a) the constituencies for the general seats shall be single member territorial constituencies and the members to fill such seats shall be elected by direct and free vote. (b) each Province shall be a single constituency for all seats reserved for women and non-Muslims allocated to the respective Provinces under clause (1); (c) the members to fill seats reserved for women and non- Muslims allocated to a Province under clause (1) shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of the total number of general seats secured by each political party in the Provincial Assembly: Provided that a political party securing less than five per centum of the total number of seats in the Provincial Assembly shall not be entitled to any seat reserved for women and non-Muslims. and (4) Clauses (4), (5) and (6) shall be omitted. 15. 112. (1) In clause (2), after paragraph (a), the following new paragraph shall be added, namely:- (b) a situation has arisen in which the Government of the Province cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary. 16. Part IV, After Article 140, the following new Article shall Chapter 3 be inserted, namely :- 140A. Local Government. Each Province shall, by law, establish a local government system and devolve political, administrative and financial responsibility and authority to the elected representatives of the local governments. 17. Part V, In Part V, in Chapter 3, before Article 153, the Chapter 3 following new Article shall be inserted, namely:- 152A. National Security Council.- (1) There shall be a National Security Council to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State; and the matters relating to democracy, governance and inter-provincial harmony. (2) The President shall be the Chairman of me National Security Council and its other members shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force. (3) Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the Prime Minister, or when requested by any other of its members, within the time frame indicated by him. 18. 199. (1) In clause (4A) for the words and commas ‘unless the case is finally decided, or the interim order is withdrawn, by the Court earlier’ the comma and words "provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made" shall be substituted: and (2) clause (4B) shall be omitted. 19. 203C. In clause (9), (a) for the word, ‘salary,’ occurring twice, the word ‘remuneration’ shall be substituted: and (b) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- Provided that where a Judge is already drawing a pension for any other post in the service of Pakistan, the amount of such pension shall be deducted from the pension admissible under this clause. 20. 209. In clause (5).- (i) for the words and comma ‘received from the Council or from any other source,’ the words and comma ‘from any source, the Council or’ shall be substituted: and (ii) after the words Council to, the commas and words, or the Council may, on its own motion, shall be inserted. 21. 218.
(1)
For clause (1) the
following shall be substituted, namely:- (2) in clause (2), in paragraph (b),- (i) for the word ‘two’ the word ‘four’ shall be substituted; and (ii) after the words ‘High Court,’ occurring for the first time, the words ‘from each Province’ shall be inserted, 22. 224. In Article 224, (a) in clause (1), (i) for the word "preceding" the word "following" shall be substituted: and (ii) for the full stop at the end a colon shall be substituted and thereafter the following proviso shall be added, namely:- ‘Provided that on dissolution of an Assembly on completion of its term, the President, in his discretion, or, as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a care-taker Cabinet.’ (b) in clause (4), after the words and comma ‘Provincial Assembly,’ the word "general" shall be inserted; (c) after clause (5), the following new clauses shall be added, namely:- (6) When a seat reserved for women or non-Muslims in the National Assembly or a Provincial Assembly falls vacant, for death, resignation or disqualification of a member, it shall be filled by the next person in order of precedence from the party list of the candidates submitted to the Election Commission for the last general election by the political party whose member has vacated such seat. (7) When a care-taker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the care-taker Cabinet shall not be eligible to contest the immediately following election of such Assembly. 23. 243. (1) In clause (2),- (a) in paragraph (a), after the semi-colon at the end. the word ‘and’ shall be added: (b) in paragraph (b), for the word and semi-colon ‘and’ a full stop shall be substituted; and (c) clause (c) shall be omitted: and (2) after clause (2), amended as aforesaid, the following new clause shall be added, namely:- (3) the President shall, in his discretion, appoint- (a) the Chairman, Joint Chiefs of Staff Committee; (b) the Chief of the Army Staff; (c) the Chief of the Naval Staff; and (d) the Chief of the Air Staff, and shall also determine their salaries and allowances. 24. 260. In clause (1), after the expression ‘clause,’ the following new expression shall be inserted, namely:- ‘consultation’ shall, save in respect of appointments of Judges of the Supreme Court and High Courts, mean discussion and deliberation which shall not be binding on the President. 25. 268. In clause (2),- (a) after the word ‘amended,’ the commas and words, ‘expressly or impliedly,’ shall be inserted; and (b) after the word ‘President,’ the words accorded after consultation with the Prime Minister shall be added. 26. Part XII, After Article 270A. The following new Articles shall Chapter 7 be inserted, namely:- 270 AA. Validation of Laws. (1) The Proclamation of Emergency of the fourteenth day of October, 1999, all President's Orders, Ordinances, Chief Executive’s Orders, including the Provisional Constitution Order No.1 of 1999, the Oath of Office (Judges) Order, 2000 (No.l of 2000), the Referendum Order, 2002 (Chief Executive’s Order No. 12 of 2002) and all other laws made between the twelfth day of October, one thousand nine hundred and ninety-nine and the date on which this Article comes into force, are hereby affirmed, adopted and declared notwithstanding any judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the constitution shall not be called in question in any court on any ground whatsoever. (2) All orders made, proceedings taken, appointments made, including secondments and deputations, and acts done by any authority, or by any person, which were made, taken or done, or purported to have been made, taken or done, between the twelfth day of October, one thousand nine hundred and ninety-nine, and the date on which this Article comes into force (both days inclusive), in exercise of the powers derived from any proclamation, President's Orders, Ordinances, Chief Executive’s Orders, enactments, notifications, rules, orders, bye-laws, or in execution of or in compliance with any orders made or sentences passed by any authority in the exercise or purported exercise of powers as aforesaid, shall, notwithstanding any judgment of any court, be deemed to be and always to have been validly made, taken or done and shall not be called in question in any court on any ground whatsoever. (3) All Proclamations, President’s Orders, Ordinances, Chief Executive’s Orders, laws, regulations, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority. Explanation.- In this clause, ‘competent authority’ means, (a) in respect of President’s Orders, Ordinances, Chief Executive’s Orders and enactments, the appropriate Legislature: and (b) in respect of notifications, rules, orders and bye-laws, the authority in which the power to make, alter, repeal or amend the same vests under the law. (4) No suit, prosecution or other legal proceedings shall lie in any court against any authority or any person, for or on account of or in respect of any order made, proceedings taken or act done whether in the exercise or purported exercise of the powers referred to in clause (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (5) For the purposes of clauses (1), (2) and (4), all orders made, proceedings taken, appointments made, including secondments and deputations, acts done or purporting to be made, taken or done by any authority or person shall be deemed to have been made, taken or done in good faith and for the purpose intended to be served thereby. 27. 270 B. In Article 270B, after the figure and comma ‘1977,’ the words commas, the figures, brackets and letters ‘and the Conduct of General Elections Order, 2002 (Chief Executive’s Order No.7 of 2002),’ shall be inserted. 28. Part XII, After Article 270 B, amended as aforesaid, the Chapter 7 following new Article shall be inserted, namely:- 270C. Oath of Office of Judges, etc:- Notwithstanding anything contained in the Constitution, all persons appointed as Judges of the Supreme Court, High Courts and Federal Shariat Court who have taken oath under the Oath of Office (Judges) Order, 2000 (1 of 2002), or not having been given or taken oath under that Order have ceased to continue to hold the office of a Judge shall be deemed to have been appointed or ceased to continue to hold such office, as the case may be, under the Constitution and such appointment or cession of office shall have effect accordingly. 29. Sixth. After entry 24, the following new entries shall be Schedule added, namely 25. The State Bank of Pakistan Act, 1956 (XXXIII of 1956). 26. The National Accountability Bureau Ordinance, 1999 (XVIII of 1999). 27. The Balochistan Local Government Ordinance, 2001 (XVIII of 2001). 28. The North-West Frontier Province, Local Government Ordinance, 2001 (XIV of 2001). 29. The Punjab Local Government Ordinance, 2001 (XIII of 2001). 30. The Sindh Local Government Ordinance, 2001 (XXVII of 2001). 31. The Election Commission Order, 2002 (Chief Executive’s Order No.l of 2002). 32. The Conduct of General Elections Order, 2002 (Chief Executive’s Order No.7 of 2002). 33. The Political Parties Order, 2002 (Chief Executive’s Order No.18 of 2002). 34. The Qualification to Hold Public Offices Order, 2002 (Chief Executive's Order No. 19 of 2002). 35. The Police Order, 2002 (Chief Executive’s Order No.22 of 2002). GENERAL PERVEZ MUSHARRAF Chief Executive of the Islamic Republic of Pakistan, and Chief of the Army Staff.
Dawn, August 22, 2002, http://www.dawn.com/2002/08/22/top3.htm |
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